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Ebonyi State of Nigeria EBONYI STATE OF NIGERIA LAW NO.007 OF 2020 EBONYI STATE HARMONIZATION OF RATES AND LEVIES COLLECTABLE BY LOCAL GOVERNMENT AREAS LAW, 2020 0 EBONYI STATE HOUSE OF ASSEMBLY SECTION 1 1. A Bill for a Law to Harmonize Rates and Levies Long Title Collectable by Local Government Areas in Ebonyi State SECTION 2 2. BE IT ENACTED by the House of Assembly of Ebonyi Enactment State as follows: SECTION 3 3. This law may be cited as Ebonyi State Citation Harmonization of Rates/Levies collectable by Local Government Areas Law 2020. SECTION 4 4. This law shall be deemed to have come into Commencement operation on the ______ day of ________________ 2020. SECTION 5 5. In this Law, unless the context otherwise requires Interpretation “Court” means a Revenue Court, Magistrate Court of any Grade within the Local Government Areas. ’’Category” means the classification of the local Government Areas in Ebonyi State into Urban 1 (Category A), Semi-urban (Category B) and Rural (Category C). “Fee” is a legal charge collectable by Local Government Area, for a particular service provided or permission (rights) granted exclusively to any person. “Levy” is any kind of legal charges by Local Government Areas in any form and can be used interchangeably with fees and charges. “Person” includes, an individual or body of individuals, family, corporate, sole, trustee or executor or a person who carries out economic activity a person exploiting tangible or intangible property for the purpose of obtaining income there from by way of trade or business. “Ebonyi North LGAs” means the following Local Government Areas: Abakaliki North, Izzi, Ebonyi and Ohaukwu. “Ebonyi Central LGAs” means the following Local Government Areas: Ezza North, Ezza South, Ishielu and Ikwo. “Ebonyi South LGAs” means the following Local Government Areas: Afikpo North, Afikpo South, Ivo, Ohaozara and Onicha. “General Contractor” means a general contractor within the Local Government Areas. “Rate” means the amount payable to the Local Government Areas as provided in the schedule hereto. “Revenue Collector” means the staff of the Local Government Areas and/or any other person or group of persons duly authorized to collect revenue for the Local Government Areas. “Permanent Stalls” are solid structures built and owned, by private individuals, while “Blocks Stalls” are solid structures built and owned by the Local Government Areas. 2 SECTION 6 6. 1. There shall be established for each Local Establishment of Revenue Government Area of the State, a Committee Committee to be known as the Local Government Area Revenue Committee (hereinafter referred to as “the Revenue Committee”). 2. The Revenue Committee, shall comprise the following, that is to say: a. A person to be appointed by the Chairman of the Local Government Area Council, as the Chairman of the Committee (not being a political appointee or public officer from within the Local Government Area Council) who shall be versed in revenue matters. b. The heads of the following departments of the Local Government Area Council, that is to say: i. Legal ii. Treasury and iii. Any other department c. A member of the public not being a member of the Council versed in revenue matter to be nominated by the Legislative Arm of the Council. 3. All appointments made pursuant to this section, shall be subject to the approval of the legislative arm of the council. SECTION 7 7. 1. The Revenue Committee, shall be Functions of Revenue responsible for the assessment and Committee collection of all taxes, fines, rates, 3 charges or other revenue under its jurisdiction and shall account for all amounts so collected in a manner to be prescribed by the chairmen of the Local Government, subject to the financial memorandum and guidelines on Local Government Administration. 2. The Revenue Committee, shall be autonomous of the Local Government Area Treasury and shall be responsible for the day to day administration of the department of Personnel which forms its operational arm. SECTION 8 8. There is hereby established, a joint State and Establishment of Composition Local Government Area Revenue Committee of Joint Revenue Committee (hereinafter in this Law Referred to as “the Joint Revenue Committee”) which shall comprise. a. The Chairman of the State Internal Revenue Service as the Chairman: b. The Chairman, of the each of the Local Government Revenue Committee: c. A representative of the following Ministries, that is to say- i. Local Government Areas and Chieftaincy Affairs not below the level of Director. ii. Lands iii. Housing and Urban Development d. The Legal Adviser of the State Internal Revenue Service; and 4 c. The Secretary of the Committee shall be staff of the State Internal Revenue Service. SECTION 9 9. The functions of the Joint Revenue Committee shall Function of Joint Revenue Committee be to: a. Harmonize tax administration in the State. b. Deal with revenue matters of common concern to the State and Local Government Areas Authorities; c. Enlighten members of the public generally on State and Local Government Areas revenue matters; d. Consider relevant resolutions of the Joint Tax Board for implementation in the State. e. Advise the State and Local Government Areas on revenue matters: and f. Carry out such other functions as may be assigned to it by the Joint Tax Board. SECTION 10 10. The Chief Judge may designate in each Local Designation of Magistrate to adjudicate on Revenue Government Area, at least two Magistrates who shall Matters. give priority to matters affecting the revenue of the State and of the relevant Local Government Areas Council. SECTION 11 11. 1. From the commencement of this law, the rates Revenue rate payable and publication payable to each Local Government Area shall be provided in the schedule hereto. 2. Each Local Government Area shall ensure that Function of Joint Revenue a chart showing the approved rates of levies, Committee 5 the applicable rate and the expected time of payment is pasted at a conspicuous place in the revenue offices of the Local Government Areas. SECTION 12 12. The Local Government Areas Authority shall issue a Demand Notice harmonized Demand Notice in respect of taxes listed in the scheduled to this Law. a. For the purpose of tenement rate each Local Government Area, shall employ the services of estate surveyor/valuer to determine the value of the property for the purpose of assessment. b. However, in lieu of the proper valuation, each Local Government Area shall apply the rates as prescribed in the schedule to this law until a proper valuation is carried out. SECTION 13 13. 1. The Local Government Areas shall have the Appointment of Revenue Collectors exclusive power to appoint Revenue collectors. 2. The revenue officers shall wear identification badge with a clear inscription of their names and official capacity. 3. The production by a revenue collector of an identity card and certificate or warrant: a. issued by a Local Government Areas Authority. b. setting out his full names, and stating that he is authorized to exercise the functions of a revenue collector, shall be sufficient evidence that the revenue collector is duly authorized for the purpose of the Law.. 6 4. It is illegal for any Local Government Area to use any consultant(s) for the purpose of assessment and collection of any levies and rates that are stated in the schedule to this law. However, this does not preclude the appointment of the state government as collection agents for certain levies. SECTION 14 14. 1. If any person disputes an assessment, he may Objections apply to the relevant Local Government Areas Council by notice of objection in writing to review and to revise the assessment and such application shall state precisely the grounds of objection to the assessment and shall be made within 14 days from the date of service of the notice of assessment/demand notice. 2. On receipt of a notice of objection, the Local Government Areas may require the person giving that notice to furnish such particulars and to produce any documents as may be deemed necessary and may summon any Appointment of Revenue person who may be able to give information Collectors of the objection to attend for purposes of examination by an officer of the Local Government. 3. In an event of any person who has objected to an assessment agreeing with the Local Government Areas as to the correct amount chargeable, the assessment shall be amended accordingly and notice of rate chargeable shall be served upon such person. 4. Refund in the case of over payment or inappropriate payment made by the taxpayer to the Local Government, refund shall be made to the taxpayer within one month through application to the Local Government. 7 SECTION 15 Powers of Revenue 15. 1. The Revenue collectors shall have the powers Collectors to enter into any premises at all reasonable times for the purposes of demanding and collecting rates on behalf of the Local Government Areas. 2. A reasonable time shall be between the hours of 8:00am and 6:00pm. SECTION 16 16. It shall be the duty of every person to pay or show Duties of Public evidence of payment to the revenue collector, the fees prescribed in the schedule to this Law. SECTION 17 Issuance of Receipts 17. All revenue collectors shall issue a receipt in the for Revenue form authorized by the Local Government Areas in respect of any rate paid under the schedule thereto. SECTION 18 18. The Local Government Areas Authority shall obtain Character of Receipts receipts with security features from the State Government Printer or Nigeria Security Printing and Minting Company or any other instrument prescribed by the Local Government. SECTION 19 19.
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